What Is a Writ of Possession?
A writ of possession is a court order directing the sheriff to remove an occupant and return possession of property to the rightful party. It is the final, enforceable step that actually puts the owner or successful party back in control of the premises after a court has ruled. It appears most often at the end of an eviction or a foreclosure.
How It Works in Florida
- After a landlord wins an eviction, the clerk issues the writ of possession and the sheriff posts it, giving the tenant 24 hours to vacate before being removed
- After a foreclosure sale and issuance of the certificate of title, the new owner can obtain a writ to remove a holdover occupant
- Only the sheriff — not the landlord or new owner — may execute the writ and carry out the removal
Why It Matters
A judgment alone does not let a party physically retake property; the writ of possession is what authorizes law enforcement to do so. Self-help — changing locks or removing belongings without the writ — is generally prohibited in Florida and can expose the owner to liability.
Related Terms
- Eviction — The process a writ of possession completes
- Foreclosure — Another path leading to a writ of possession
- Writ of Execution — A related enforcement order for assets
Barnes Walker
Barnes Walker's attorneys handle Florida evictions, foreclosures, and possession proceedings for owners and landlords. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC